The court ruled that the attack was a result of provocation without premeditation, altering offenses from murder to lesser charges under Section 304 of the IPC.

JUDGMENT :

SHYAM C. CHANDAK, J.

1) All the six Appellants have been convicted for the offences punishable under Sections 302 and 324 with the aid of Section 149 of the Indian Penal Code, 1860 (‘The I.P.C.’, for short), by the Judgment and Order dated 12^th April 2013, passed by the Additional Sessions Judge at Pune, in Sessions Case No.277 of 2012. On first count, the Appellants have been sentenced to suffer rigorous imprisonment for life and on the second, to suffer rigorous imprisonment for one year and to pay a fine of Rs.500/- each and in default to suffer further rigorous imprisonment for three months. The substantive sentences to concurrently. Hence Appeal.

1.1) Original accused Nos.6 and 7 have been acquitted of the charge. Further, the accused Nos.1 to 5 and 8 have been acquitted of the charge of the offences under Sections 307, 341 read with 149 of the I.P.C.

1.2) The Appellant No.2/accused No.2 has expired during pendency of the Appeal, hence, his Appeal stands abated and disposed off.

2) Heard learned senior Advocate for the Appellants and learned A.P.P. for the Respondent-State. Perused entire record.

3) The Prosecution story giving rise to this Appeal is as under:-

3.1) The informant, Ramesh Kerba Thakar (PW1), resides at Dattawadi, Pune, but originally hails from the village of Aglambe, located in the Haveli Taluka of Pune District. His uncle, Tanaji Sambhaji Thakar @ Anna, along with his family, resides in Thakarwadi, Aglambe. Datta and Bharat were the two sons of Anna. Both Ramesh Thakar (PW1) and Anna own agricultural land in the village of Aglambe. Additionally, Anna is involved in the milk business.

3.2) On November 16, 2011, at around 6:00 p.m., while Anna and his son Datta were in process of milking buffaloes, accused No.2-Santosh Parge, accused No.3-Anil Parge and accused No.7-Ganesh Gofane arrived at their cattle shed and aggressively blew the horns of their bikes. This sudden noise startled the buffaloes, prompting objections from Datta and Anna. A verbal altercation ensued between them, during which accused No.3 used abusive language towards Anna. Consequently, Anna slapped on the face of accused No.3. Datta intervened to separate them. Subsequently, the accused individuals left the scene but not before issuing threats of dire consequences to Datta and Anna.

3.3) On 17^th November 2021, at about 8 a.m., Ramesh Thakar (PW1), Anna, Aunt Alka, Datta and Bharat were working in their field. During this time, Datta informed Ramesh Thakar (PW1) about the incident of the previous evening. After finishing their work in the field, around 6:00 p.m., they all returned home to Thakarwadi. Subsequently, Datta left for Pune on a motorcycle to deliver milk. Meanwhile, Bharat's friend, Dnyaneshwar @ 'Mauli' Dasvadkar (Mauli-PW13), R/o. Dhabade, had come to Thakarwadi to visit his grandmother, Gangubai Chandekar. Bharat expressed his intention to visit his Aunt Vithabai and decided to take Mauli (PW13) with him. Bharat and Mauli then departed on foot.

3.4) After having dinner, Ramesh Thakar (PW1) went to the nearby Vitthal Temple and engaged in gossip with Dattatraya Vittal Thakar (PW8) and Sunil Chorge. At about 10 p.m., all three heard commotion coming from Pargewadi, Aglambe, prompting them to go there. At that time they saw that, accused No.2-Santosh Parge and accused No.3-Anill Parge were assaulting Bharat with Koyta (sickle) and an Axe, respectively. Accused No.7-Ganesh Gofane was assaulting Mauli (PW13) with an Axe. Additionally, accused Nos.1, 4, 5, 6 and 8 were assaulting Bharat and Mauli (PW13) with sticks and iron rods. The incident was visible to the three eyewitnesses due to the illumination from a streetlamp and nearby houses. Upon shouting, the accused fled towards the hills. Residents from the Wadi and nearby areas gathered at the scene. Bharat had sustained injuries to his head and face, rendering him unconscious. Both Bharat and Mauli (PW13) were found lying at the scene of the attack.

3.5) Immediately, Bharat and